Super Special Servers

Client Area
You are here: Portal Home > AUP

AUP/TOS

To all present and future customers. Please note that in the below text any reference to SuperSpecialServers.com means and is defined as 'the administrators, owners and managers of www.SuperSpecialServers.com' Please note SuperSpecialServers.com is a reseller of the dedicated and other services that it provides to its customers. The service agreements (both AUP and SLA) remain those of the initial provider and have to be respected as such. SuperSpecialServers.com simply provides a resell and re-invoicing of those servers and services from the respective providers. All legal usage requirements and responsibilities reside and remain with the respective providers. Below we present a copy of those actual agreements as well as direct links to the page at the provider's website where you may read about updates to those agreements. By purchasing or maintaining your server and or service from SuperSpecialServers.com you realise that you will be held legally responsible by the initial provider as mentioned below for the use of your server and or services. The role of SuperSpecialServers.com is limited to that of an intermediary managing the billing and support relationship between the customer and the respective supplier.

In addition to the initial restrictions of the respective providers SuperSpecialServers.com does not accept the following services to be run on servers and or hosting services signed up to at SuperSpecialServers.com.

NO SPAM * NO BOTS * NO WAREZ * NO IRC * NO SCAM * NO PROXIES * NO PEER 2 PEER (P2P) * NO PHISHING * NO ILLEGAL ACTIVITIES

If there are any particular services you wish to run and are not sure then please enquire and we will check with our providers and advise. Below are the internal links to the copies of those agreements and on the respective pages you will find links to the original text at the providers website.

© DirectSpace Networks, LLC. 2008

www.directspace.net

NETWORK SERVICES

SERVICE LEVEL AGREEMENT

This Service Level Agreement (SLA) is a part of the customer subscriber agreement (CSA or Agreement) between Customer and DIRECTSPACE NETWORKS. Capitalized terms used herein that are not defined in this SLA shall have the meaning attributed to them in the CSA.

SERVICE COMMITMENT.

DIRECTSPACE NETWORKS is committed to providing a reliable, high-quality network to support its high-speed network services (Service). As part of this commitment, DIRECTSPACE NETWORKS is pleased to offer eligible Customers the following guarantees as concerns the Service in the United States, Canada and Europe:

* Network Availability for web hosting, dedicated servers, and domain names

* Network Latency Guarantee

* Packet Delivery Guarantee

The Notification Guarantee, Latency Guarantee and Packet Delivery Guarantee apply to DIRECTSPACE NETWORKS Dedicated Server Services Customers only.

If DIRECTSPACE NETWORKS fails to meet any of these guarantees, it will provide eligible Customers with a Service Credit, as set forth below in this Service Level Agreement.

GUARANTEES.

NETWORK AVAILABILITY AND NOTIFICATION GUARANTEE.

DIRECTSPACE NETWORKS guarantees Network Availability of the Service of 100% across its facilities-Network. If the DIRECTSPACE Network experiences Network Unavailability, Customer will receive, at Customer's request, one (1) month Service Credit. DIRECTSPACE's Outage Notification Guarantee is to proactively notify a Dedicated Server Customer within 15 minutes after DIRECTSPACE determines that Customer's Service is unavailable. DIRECTSPACE's standard procedure is to ping the Customer's server every minute. If Customer's server does not respond after ten consecutive ping cycles, DIRECTSPACE will deem the Service unavailable and will contact Customer's designated point of contact by a method elected by DIRECTSPACE (telephone, email, fax, or pager).

If DIRECTSPACE fails to meet this Outage Notification Guarantee, Customer will receive, at Customer's request, one (1) day Service Credit for the Service with respect to which this Guarantee has not been met. Customer may obtain no more than one day Service Credit per day, regardless of how often in that day DIRECTSPACE failed to meet the Customer Reporting Guarantee. Customer may obtain no more than one (1) month Service Credit for any given month.

NETWORK LATENCY GUARANTEE.

For Dedicated Server customers only, the monthly average Network Latency for packets carried over the DIRECTSPACE Network between Backbone Hubs for the following regions is as specified below:

Intra-North America: 30 milliseconds or less

Intra-Europe: 55 milliseconds or less

New York to London (Trans-Atlantic): 85 milliseconds or less

Network Latency (or Round trip time) is defined as the average time taken for an IP packet to make a round trip between Backbone Hubs within the regions specified above on the DIRECTSPACE Network. DIRECTSPACE monitors aggregate latency within the DIRECTSPACE Network by monitoring round-trip times between a sample of Backbone Hubs on an ongoing basis.

After being notified by Customer of Network Latency in excess of the rates specified above, DIRECTSPACE will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the DIRECTSPACE Network.

If DIRECTSPACE fails to remedy such Network Latency within two (2) hours of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded the rates specified above, Customer will receive, at Customer's request, a Service Credit for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than the rates specified above. Customer may obtain no more than one (1) month Service Credit for any given month.

PACKET DELIVERY GUARANTEE.

For Dedicated Server customers only, the DIRECTSPACE Network has an average monthly Packet Loss no greater than 0.1% (or successful delivery of 99.9% of packets). Packet Loss is defined as the percentage of packets that are dropped between Backbone Hubs on the DIRECTSPACE Network. DIRECTSPACE monitors this aggregate packet loss on an ongoing basis, and compiles the collected data into a monthly average packet loss measurement for the DIRECTSPACE Network.

After being notified by Customer of Packet Loss in excess of 0.1%, DIRECTSPACE will use commercially reasonable efforts to determine the source of such excess Packet Loss and to correct such problem to the extent that the source of the problem is on the DIRECTSPACE Network. If DIRECTSPACE fails to remedy such excess Packet Loss within two (2) hours of being notified of any excess Packet Loss on the DIRECTSPACE Network and average Packet Loss for the preceding 30 days exceeds 0.1%, Customer will receive, at Customer's request, a Service Credit for the period from the time of notification by the Customer until the average Packet Loss for the preceding 30 days is less than 0.1%. Customer may obtain no more than one (1) month Service Credit for any given month.

ADDITIONAL DEFINITIONS.

Dedicated Server Access refers to DirectSpace Network's Hosting service that provides customers access to the high bandwidth servers on the DirectSpace Network.

Service Credit means

* One (1) day Service Credit = 1/30th of Customer's Monthly Recurring Charges.

* One (1) week Service Credit = 7/30ths of Customer's Monthly Recurring Charges.

* One (1) month Service Credit = Full amount of Customer's Monthly Recurring Charges.

SERVICE CREDIT CLAIM PROCESS.

In order to initiate a claim for Service Credit, Customer must contact DIRECTSPACE's customer service group within seven (7) business days after the end of the month for which credit is requested. The Service Credit request must provide: (a) the Customer name and contact information; (b) the date and beginning/end time of the claimed outage or failed metric; and (c) a brief description of the characteristics of the claimed outage or failed metric.

Customer will be notified via e-mail upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, DIRECTSPACE will issue Service Credit to Customer's account, appearing on the next invoice issued. Multiple Service Credits will not be given for the same period of time, i.e., failure to meet multiple criteria during a period of time generates only a single Service Credit.

The total number of all Service Credits for all failures to meet Guarantees occurring in a given month may not exceed the total Monthly Recurring charge actually paid by Customer for Service during that month. Service Credits will be credited against a Customer's monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.

The Guarantees and Service Credits provided for in this SLA assume compliance by Customer with the terms and conditions of its CSA with DIRECTSPACE, and the failure of Customer to comply with those terms and conditions may in validate DIRECTSPACE's guarantees provided herein. No credit is available for a Customer (a) that is blocking DIRECTSPACE from monitoring Customer's premises router; (b) that does not provide the necessary access to personnel and facilities at the Customer's premises to enable DIRECTSPACE to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with DIRECTSPACE. DIRECTSPACE is not liable for failure to fulfill its obligations hereunder if such failure is due to Customer's use of bandwidth in excess of the maximum amount specified in Customer's CSA, Customer's tampering with any equipment, or acts beyond DIRECTSPACE's reasonable control, such as Force Majeure.

*******************************

DirectSpace Networks

www.directspace.net

1-877-350-HOST

Read updates directly from the link below:

http://directspace.net/terms/sla.htm

Acceptable User Policy Last Modified - 01/01/2008

All users of DirectSpace Networks` services, and all customers upon signing up for DirectSpace Networks` services, agree to comply with DirectSpace Networks` Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using DirectSpace Networks` services with due regard to the rights of other Internet users and in conformity with the requirements of DirectSpace Networks` network environment. The TOS are not exhaustive and DirectSpace Networks reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.DirectSpace Networks.net or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse@DirectSpace Networks.net. The TOS supersedes any other agreement with DirectSpace Networks, whether written, oral, by conduct, or otherwise.

A. DirectSpace Networks Web Hosting & E-commerce Customer Restrictions

The following Terms of Service apply only to DirectSpace Networks` Web Hosting and E-Commerce customers, and supplement the terms in sections C and D that apply to all DirectSpace Networks customers:

Server Resources: Any web site that uses 35% of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. DirectSpace Networks will be the sole arbiter of what is considered to be a high server usage level.

Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to DirectSpace Networks` customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a DirectSpace Networks server, and selling or distributing software (on a web site residing on a DirectSpace Networks server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. DirectSpace Networks reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Scripts: Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. DirectSpace Networks does not permit script sharing with domains not hosted by DirectSpace Networks or any scripts that may be abused for UCE purposes.

Chat Rooms: DirectSpace Networks does not allow Web Hosting and E-Commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, DirectSpace Networks provides Java chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs and Cron Jobs: DirectSpace Networks may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and E-Commerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact DirectSpace Networks at cs@DirectSpace Networks.com so that we can arrange set-up.

IRC: DirectSpace Networks does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.

Software Distribution: DirectSpace Networks` Web Hosting and E-Commerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@DirectSpace Networks.net to make special arrangements.

Multimedia Files: Multimedia files are defined as any graphics, audio, and video files. DirectSpace Networks Web Hosting and E-Commerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 10% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Bittorrent: DirectSpace Networks does not allow Bittorrent software of any type to be ran on our network. Any use of such product will result in suspension of account with the possibility of payment of damages performed on our network resources.

B. DirectSpace Networks Dedicated Server Customer Restrictions

The following Terms of Service apply only to DirectSpace Networks` Dedicated Server customers, and supplement the terms in sections C and D that apply to all DirectSpace Networks customers:

Customer Security Responsibilities: The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

IRC: DirectSpace Networks allows Dedicated Server customers the use of IRC inside the DirectSpace Networks network as long as the use of IRC on a DirectSpace Networks server does not violate any of the other terms of these TOS. As a policy, DirectSpace Networks will not provide vanity IRC reverse DNS records. To enforce this policy DirectSpace Networks does not turn the reverse address of IPs over to the customer. Authority over this information remains with DirectSpace Networks.

Billing for Network Resources: The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

C. All DirectSpace Networks Customer Terms of Service

The following Terms of Service apply to ALL DirectSpace Networks customers:

DirectSpace Networks Services

DirectSpace Networks` services include, but are not limited to:

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that DirectSpace Networks provides to customers);

2. any use by customers, or any access provided to customers by DirectSpace Networks, of computing, telecommunications, software, information, hardware, and equipment;

3. any act, or provision of any service, by DirectSpace Networks to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;

4. any provision by DirectSpace Networks to customers, of any space, Internet connectivity, or electrical power;

5. any access or use related to the DirectSpace Networks` web site, including the web site itself;

6. any other service mentioned in the TOS;

7. any other service provided by DirectSpace Networks to customers, whether used or not;

8. any other DirectSpace Networks services that are used by customers, whether offered or provided by DirectSpace Networks to customers.

Ownership of Web Site: The legal owner of customers' web sites and accounts with DirectSpace Networks will be the individual or organization whose name is listed in DirectSpace Networks` database as the owner. Customers will fully cooperate with and abide by any and all of DirectSpace Networks` security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with DirectSpace Networks.

Illegal Use: DirectSpace Networks servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing DirectSpace Networks services, all DirectSpace Networks customers certify that they and/or the organization they represent in procuring services from DirectSpace Networks are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to DirectSpace Networks` customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a DirectSpace Networks server, and selling or distributing software (on a web site residing on a DirectSpace Networks server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. DirectSpace Networks reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse: Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities: Use of DirectSpace Networks` services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use DirectSpace Networks` services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations: The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All DirectSpace Networks customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a DirectSpace Networks customer (per the DMCA) to DirectSpace Networks must follow the below procedures. Copyright infringement notifications submitted to DirectSpace Networks according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at DirectSpace Networks` sole discretion.

Adult Content: Pornography and sex-related merchandising are prohibited on DirectSpace Networks servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Child Pornography: The use of DirectSpace Networks` services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. DirectSpace Networks is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Customer Responsibility: Customers are required to use the DirectSpace Networks network responsibly. This includes respecting the other customers of DirectSpace Networks. DirectSpace Networks reserves the right to suspend and/or cancel service with any customer who uses the DirectSpace Networks network in such a way that adversely affects other DirectSpace Networks customers. While DirectSpace Networks may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, DirectSpace Networks does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when DirectSpace Networks becomes aware of any violation of the TOS or other user agreements, DirectSpace Networks may take any action to stop or correct such violation, including, but not limited to, denying access to DirectSpace Networks` services and equipment or to the Internet. In addition, DirectSpace Networks may take action against a customer or a customer of such customer because of the activities of such customer. DirectSpace Networks anticipates that customers who offer Internet services will cooperate with DirectSpace Networks in any corrective or preventive action that DirectSpace Networks deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DirectSpace Networks policy and DirectSpace Networks reserves the right to take any such action even though such action may affect other customers of the DirectSpace Networks customer.

Actions Taken by DirectSpace Networks: The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. DirectSpace Networks will be the sole arbiter as to what constitutes a violation of the TOS. DirectSpace Networks reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When DirectSpace Networks becomes aware of an alleged violation of its TOS, DirectSpace Networks will initiate an investigation. During the investigation, DirectSpace Networks may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, DirectSpace Networks may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, DirectSpace Networks will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. DirectSpace Networks does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by DirectSpace Networks.

Indemnification: DirectSpace Networks customers agree to protect, defend, hold harmless, and indemnify DirectSpace Networks, any third party entity related to DirectSpace Networks (including, without limitation, third party vendors), and DirectSpace Networks` executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as DirectSpace Networks, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of DirectSpace Networks` services.

Disclaimer: The DirectSpace Networks service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. DirectSpace Networks expressly disclaims any representation or warranty that the DirectSpace Networks service will be error-free, secure or uninterrupted. No oral advice or written information given by DirectSpace Networks, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. DirectSpace Networks and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency: If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, DirectSpace Networks may immediately terminate provision of DirectSpace Networks` services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against DirectSpace Networks in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL DIRECTSPACE NETWORKS (INCLUDING, WITHOUT LIMITATION, DIRECTSPACE NETWORKS` EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS DIRECTSPACE NETWORKS, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING DIRECTSPACE NETWORKS` SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR DIRECTSPACE NETWORKS SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY DIRECTSPACE NETWORKS SERVICES EVEN IF DIRECTSPACE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIRECTSPACE NETWORKS` TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR DIRECTSPACE NETWORKS` SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY DIRECTSPACE NETWORKS OR DIRECTSPACE NETWORKS` REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications: DirectSpace Networks may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with DirectSpace Networks` services. Certain changes to DirectSpace Networks` services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and DirectSpace Networks is not liable, for any and all such personalized applications and content, except as expressly agreed to by DirectSpace Networks.

Backup of Data: Except where DirectSpace Networks has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and DirectSpace Networks is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with DirectSpace Networks services.

Third Party Licenses: DirectSpace Networks makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, DirectSpace Networks makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, DirectSpace Networks specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold DirectSpace Networks liable in any way for the revocation of any license, which has been licensed to DirectSpace Networks. The use of the Technologies obtained from or through DirectSpace Networks, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-DirectSpace Networks Products: Any mention of non-DirectSpace Networks products by DirectSpace Networks, its employees, or any third party entity related to DirectSpace Networks is for information purposes only and does not constitute an endorsement or recommendation by DirectSpace Networks. DirectSpace Networks disclaims any and all liabilities for any representation or warranty made by the vendors of such non-DirectSpace Networks products or services.

DirectSpace Networks` Intellectual Property: Customers will not, without DirectSpace Networks` express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on DirectSpace Networks` web site, and customers will not use any of DirectSpace Networks` trademarks, service marks, copyrighted materials, or other intellectual property without DirectSpace Networks` express written consent. Customers will not, in any way, misrepresent their relationship with DirectSpace Networks, attempt to pass themselves off as DirectSpace Networks, or claim that customers are DirectSpace Networks.

Assignment: Customers may not assign or delegate their rights or obligations under the TOS or other agreement for DirectSpace Networks` services, either in whole or in part, without the prior written consent of DirectSpace Networks.

Minimum Age Requirement: DirectSpace Networks customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a DirectSpace Networks customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for DirectSpace Networks services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains DirectSpace Networks` express written consent to the contrary. Any acceptance of the TOS or any other agreement for DirectSpace Networks` services will be deemed null and void to the extent that DirectSpace Networks will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of DirectSpace Networks` services.

Governing Law and Severability: The TOS, and any other agreement for DirectSpace Networks services, will be governed by and construed in accordance with the laws of the State of Oregon , USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and DirectSpace Networks will take place in Oregon , and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other DirectSpace Networks agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Delay in Performance: DirectSpace Networks will not be liable for delays in its performance of the TOS or DirectSpace Networks services caused by circumstances beyond DirectSpace Networks` reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). DirectSpace Networks will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and Amendment any waiver, modification, or amendment of any provision of the TOS or other agreement for DirectSpace Networks services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of DirectSpace Networks.

Independent Contractors: Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between DirectSpace Networks and its customers. Each of DirectSpace Networks and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

D. All DirectSpace Networks Customer Billing Policy

The following Terms of Service constitute DirectSpace Networks` Billing Policy and apply to ALL DirectSpace Networks customers:

Payments: All charges are shown in US Dollars. Payments are to be made in US dollars. DirectSpace Networks accepts the following types of payment: - Credit Card (VISA, MasterCard, American Express, Discover) and Paypal.

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide DirectSpace Networks your credit card information, you authorize DirectSpace Networks to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with DirectSpace Networks` Billing Policy in the TOS. Charges subsequent to your initial order will accumulate in your account until such charges exceed $.01. DirectSpace Networks will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying DirectSpace Networks, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

Accounts that are three (3) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Billing Cycles (Terms)

DirectSpace Networks offers four Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months), Semi (6 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals: In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Statements: DirectSpace Networks does not mail paper invoices or statements. Statements can be viewed and printed through DirectSpace Networks` Member Area. Customers may elect to receive their monthly account billing statement via email. This option may be selected in Member's Area.

Fees

• Returned (NSF) Checks

DirectSpace Networks charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.

• Credit Card Chargebacks

A $15.00 chargeback fee will be assessed for each credit card chargeback received by DirectSpace Networks.

• Reactivation

Customers that wish to reactivate a closed account will be assessed a $15 reactivation fee.

• Hosting Plan Changes

Customers electing to change to a lower priced hosting plan on the same platform will not be charged downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

• Platform Change

Customers that elect to change plans to a different operating system platform will not be charged a platform change fee.

• Account Splits and Mergers

DirectSpace Networks encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that DirectSpace Networks separate one or more plans contained under one account into separate accounts.

Cancellations: Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must use the "Cancel Account" link http://directspace.net/docs/account_cancel.php . Please be aware that there are no refunds after the first 10 Days of service.

Cancellation requests must be received by DirectSpace Networks a minimum of five (5) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of five (5) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by DirectSpace Networks. DirectSpace Networks is unable to cancel your account effective for a future date. DirectSpace Networks will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact DirectSpace Networks as soon as possible.

DirectSpace Networks does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to DirectSpace Networks` services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. DirectSpace Networks Networks reserves the right to cancel any account, at any time, without notice, for any reason DirectSpace Networks Networks considers appropriate.

10 Day Money Back Guarantee: Each of DirectSpace Networks` shared hosting plans carries a 10 Day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 10 Days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 10 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.

Refund Policy: Refunds are only available in accordance with the 10 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 10 Days.

Credit Card Disputes/Chargebacks: DirectSpace Networks has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at DirectSpace Networks` discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes: DirectSpace Networks` policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Read updates directly from the link below:

http://directspace.net/terms/aup.htm

--------------------------------------------------------------------------------

VolumeDrive Terms of ServiceThe following terms and conditions (these "Terms") govern the provision by VolumeDrive ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."

Our Hosting Services

1. Maximum Hard Disk Space. Customer will be provided with the amount of disk space stated in either their dedicated quote or corresponding plan from http://www.volumedrive.com. Disk space and usage are monitored by VolumeDrive, when possible quotas are soft and responsible overages should not impair Customer's ability to access said disk space. Customers are responsible for purchasing additional disk space beyond that detailed in their "Plan" or to remove files in order to bring their usage with their Plan's limit.

2. Jurisdiction and Jurisdictional Disputes, Legal Responsibilities. The parties expressly recognize that, where VolumeDrive is acting solely as Customer's Host, VolumeDrive is not engaged in, and is not actively soliciting, interstate or international commerce for said Customer. Where VolumeDrive is a named party to any type of dispute or litigation involving any acts by Customer that affect out-of-state persons or entities, Customer agrees that it shall indemnify, hold VolumeDrive harmless, defend VolumeDrive exhaustively (including all legal cost(s), and challenge the jurisdiction of out of state authorities over VolumeDrive.

3. Storage, Backups and Internet Link. VolumeDrive. shall store Customer's Web Sites and Email messages on VolumeDrive servers. The parties expressly recognize that Internet servers and links are susceptible to crashes and down time. VolumeDrive warrants that it shall maintain a consistent link (to the best of it's abilities), with the Internet, but VolumeDrive cannot and does not warrant that it shall maintain a continuous and uninterrupted link. However, VolumeDrive does monitor all services on our servers at minimum of 10-minute intervals.

4. Bandwidth. VolumeDrive agrees that it shall maintain a 100Mbps connection to each server (from the server to the switch)***. However, VolumeDrive does not warrant any response rate or download time beyond it's control, as this is depending on Customer's and End Users ISP connections. We do NOT guaranty a set internet speed to your server.*** We do recommend, however, that you take advantage of our "speed and ping" test, prior to placing your order with VolumeDrive. If this test result does not meet your acceptable need(s)…please do not place your order with VolumeDrive. Our speed test is located at www.volumedrive.com/test.zip and a ping test can be run to 209.158.33.65

5. Maintenance. VolumeDrive may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary. However, VolumeDrive shall provide prior notice where it is reasonably practicable under the circumstances, determined by VolumeDrive, and shall restore service as soon as is reasonably practicable, determined by VolumeDrive. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond VolumeDrive control or which is reasonable in duration. (Reasonable) is to be determined by VolumeDrive.

6. Security. The parties expressly recognize that it is impossible to maintain flawless security, but VolumeDrive shall take reasonable steps, (determined by VolumeDrive), to prevent security breaches in server interactions with Customer and security breaches in VolumeDrive server interaction with resources or users outside of any firewall that may be built into VolumeDrive server. Specifically, Web traffic is monitored and some activities are prevented by a Server Security Module, incoming and outgoing email if filtered through several means to prevent the transmission of spam, viruses, exploits and Trojan horses. Full system logging and accounting is done with each command and keystroke recorded to external log files. These log files are audited and maintained for 7 days and then destroyed, However, Customer is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders, or accessed by outside parties. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds VolumeDrive harmless for any compromise of Customer's security that resulted from their own actions.

7. Privacy. Message and data encryption is possible on VolumeDrive, however Customer is solely responsible for encoding its Web Site and Emails to conform with generally accepted encryption standards, and Customer indemnifies and holds VolumeDrive harmless for any compromise of Customer's encryption method.

8. Caching Permitted by VolumeDrive' Customer expressly grants to VolumeDrive a license to cache the entirety of Customer's Web Site and Email in RAM, hard disk space, web site caches, dynamic language caches and database server caches, Customer expressly agrees that such caching is also deemed ``fair use'' under the United States Copyright Act, and Customer expressly agrees that such caching is not an infringement of any of Customer's Intellectual Property Rights.

9. Export Control. Customer agrees that its Web Site and Email shall comply with all export, re-export or import laws and regulations of any jurisdiction from which Customer's Web Site is transmitted or accessed. Customer agrees that it shall obtain written authority from all appropriate governmental bodies, if Customer intends at any time to re-export any items originating from that jurisdiction to any proscribed destination. Customer shall indemnify VolumeDrive, hold VolumeDrive harmless and provide a defense, (including all legal costs), to VolumeDrive for any such compromise or violation of export/re-export/import laws.

10. Software updates and installations. VolumeDrive shall perform all system administrative software updates and installations for web servers, email servers, and all related software systems.

11. Refunds: : We always try our best to give our customer(s) outstanding equipment, support and the best pricing for these services on the planet! However, occasionally this is not enough to satisfy all. If you are seeking a refund from VolumeDrive, you will need to adhere to the following in order to make this process work for both the customer and VolumeDrive

1. Notify VolumeDrive with your concern(s), question(s), and complaint(s) in writing (via email). Allow 48 hrs for a response from VolumeDrive. If your question(s), concern(s), or complaint(s) are extremely pressing, PLEASE contact VolumeDrive directly @(862)266-1083 and ask to speak with Customer Service. If your complaint is regarding bandwidth and speed* we will immediately ask you if you have performed our free speed test and ping test*. By your acceptance of these terms and conditions, you will have agreed to the using of this free testing system to see if our services meet your current needs. If you have not taken advantage of our free speed test and ping test, then you do so at your own volition. Either way, we will NOT refund your first month(s) payment if you decide that bandwidth and speed is an "issue" for you. After all….unlike most web hosting companies, we DO NOT charge a set-up fee and we must pay our staff to build, connect and configure your server(s) and provide support, when you place your order(s) with VolumeDrive

2. If you have a question concerning our terms of service…please contact us prior to placing your order(s) with VolumeDrive. Whenever you decide to place your order(s) with VolumeDrive, please ask the staff (approximate set-up time) for your server. At times, due to heavy ordering and our fantastic pricing, we cannot get equipment delivered fast enough to meet this same demand. If the set-up time does not meet your needs….PLEASE do not place your order(s) with VolumeDrive. We are not the Post Office or UPS and sometimes cannot control how fast our vendors get our equipment shipped to us….even when we pay extra for overnight shipping! Therefore, once again, please ask our staff the approximate time for set-up for your order(s). If you have an emergency on your server set-up needs, please speak with our staff and request (1-2) day set-up for an extra charge.* If we( can) accommodate your needs, an additional charge for these special requests, will be passed onto you, the customer, and reflected in your invoicing.

3. If you are requesting a refund for some unknown reason and have not placed your request to VolumeDrive either by writing (via email), OR by phone to our customer service department….But, have contacted either your credit card company or paypal directly and placed a complaint,….this may result in a DELAY of your refund. Since both entities will place a HOLD on your money until they investigate your complaint, this takes the refund process "out of the hands" of VolumeDrive's control and may cause a delay on your refund. We ask that you please contact VolumeDrive's customer service department directly @ (862)266-1083 to place your request for a refund. Pricing: Yes! VolumeDrive offers the BEST pricing in the world (in our humble opinion). Please do not contact our staff and ask us "How can we afford to offer such outstanding pricing on our services?" We always assume…that you must be another hosting company seeking "trade secrets" or something like that. Just take a deep breath and take advantage of VolumeDrive's fantastic prices and let it go at that…..OR we can always charge you more money if that is indeed you desire! Client ResponsibilitiesBy signing the order form, entering into an agreement after a quote, accepting an invoice or taking presence on a VolumeDrive server, the Customer hereby agrees to the following:

1. Customer agrees to pay for hosting services rendered in advance of each monthly service term. Lifetime Memberships shall be paid in full, one time plus setup fees and maintenance fees.

2. Server charges will be incurred immediately at signup and are prorated by 0-10 days to allow for server provisioning and delivery.

3. non-Payment of services shall result in service interuption and will be subject to a 24 hour email NOTICE for demand of payment due. If VolumeDrive does not receive a response to said Notice, then a termination of service will commence immediately. There will be ($100.00) service fee to reinstate, if the server is still available.

4. In same cases, clients are extended the ability to pay by check, bank draft or money order. One incidence of being 30 days late will require a credit card number to be placed with VolumeDrive, on file. This credit card will be charged the full amount at day 45 if payment by other methods, have not been received. All checks must clear payment from your bank in order for reconnection to take place. Failure to receive full payment by day 45 will result in a final, 5 day notice. Customers failing to secure payment within these 5 days will have their accounts removed from shared servers and in the case of dedicated servers, the servers will be powered down.

5. In case of dedicated server plans, the failure to notify us of root password changes when an account is past due, will result in the powering down of those servers without further notice being given.

6. VolumeDrive is not responsible for data integrity, nor reimbursement in any form, on equipment reclaimed for non-payment.

7. Customers of VolumeDrive, agree to pay all taxes applicable to their account, if their state requires they do so.

8. Customer agrees to adhere to VolumeDrive' Company Acceptable Use Policy (http://volumedrive.com/policies/aup.aspx).

9. Customer agrees not to engage in activity that violates federal (United States), state or local laws applicable to the service terms described herein.

10. Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services. Additional TermsAdditionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

1. Indemnification. Customer agrees to indemnify and hold harmless Company (VolumeDrive), and the employees and agents of Company (VolumeDrive) (each an "Indemnified Party") against any losses, legal fees, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

2. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. No fees paid by the Customer to the Company, (VolumeDrive) shall be deemed refundable. The current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

3. Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (ii) five days after being sent, if sent by first class registered mail.

4. VolumeDrive shall not be liable for delays or defaults. VolumeDrive shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of VolumeDrive are due to: 1. Acts of God or of a public enemy. 2. Acts of the United States or any state or political subdivision thereof. 3. Fires, severe weather including but not restricted to wind, water damage, floods, earthquakes, natural disasters, explosions or other catastrophes. 4. Embargoes, epidemics or quarantine restrictions. 6. Delays of supplier or delay of transportation for any reason. 7. Causes beyond the control of VolumeDrive (as determined by VolumeDrive), in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials. Acceptance of delivery of goods or services shall constitute a waiver and release pertaining to VolumeDrive as an entity, by Client (Customer), for any claim for damages, setoff, discount or other liability on account of delay or other reason(s).

5. Third Party Transactions at Client's Peril. The parties expressly recognize that VolumeDrive does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with VolumeDrive. VolumeDrive does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through VolumeDrive AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON INFRINGEMENT AND 7) TITLE. VolumeDrive shall not be liable TO CLIENT (CUSTOMER) OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Jurisdictions that do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation, will be offset by Client's responsibility to personally indemnify VolumeDrive and it's affiliates from any liabilities, personal or otherwise and will reimburse VolumeDrive for total legal costs that may ensue from any legal process therein.

6. Downloading of Data or Files at Client's Peril. The parties expressly recognize that VolumeDrive cannot and does not guarantee or warrant that files available for downloading through VolumeDrive will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client's particular requirements for accuracy of data input and output, and for maintaining a means external to VolumeDrive for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client's sole risk.

7. Miscellaneous. Failure by either Company (VolumeDrive) or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. VolumeDriveAll prices in US$

Read updates by using the terms of service | acceptable use at the bottom of the page from the link below:

http://volumedrive.com/about/

VolumeDrive Acceptable Use Policy

Introduction

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of VolumeDrive. ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The Purpose of the VolumeDrive Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by VolumeDrive. VolumeDrive reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://volumedrive.com/policies/aup.html. The AUP is not an all-inclusive or exhaustive list and Volume Drive reserves the right to modify the AUPs at any time as needed, effective upon either the posting of the modified AUPs to http://volumedrive.com/policies/aup.html or notification to the Customer via email. Any violation of the AUPs may result in the suspension or termination of your account or such other action as VolumeDrive deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.* VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM VOLUMEDRIVE. Any questions or comments regarding the AUP should be directed to info@volumedrive.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it . Compliance with LawCustomer shall not post, transmit, re-transmit or store material on or through any of Company's Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products. Customer Security ObligationEach Customer must use reasonable care in keeping software they run on the VolumeDrive's servers up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your account may result in a security compromise by outside sources. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due to breached server security.* The Customer is solely responsible for any breaches of security under Customer control affecting servers. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. * The labor used to resolve such damage is categorized as Emergency Security Breach Recovery and is currently charged at $350 USD per hour. System and Network SecurityViolations of system or network security are strictly prohibited, and may result in criminal and civil liability. VolumeDrive investigates all incidents involving such violations and will cooperate with law enforcement if criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).

2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.

3. Executing any form of network activity that will intercept data not intended for the Customer's server.

4. Circumventing user authentication or security of any host, network or account.

5. Interfering with or denying service to any user other than the Customer's host (example: denial of service attack or distributed denial of service attack).

6. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.

7. Failing to comply with the Company's procedure relating to the activities of Customers on the Company's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as Emergency Security Breach Recovery and is currently charged at $350 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.*

8. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

9. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through VolumeDrive' servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on VolumeDrive' servers is prohibited. VolumeDrive' accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate either this Policy or that of the other provider.

10. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by VolumeDrive' customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Volume Drive-hosted domain, or referencing any VolumeDrive' account, is prohibited.

11. Running any process that listen on a network port unless first authorized by VolumeDrive.

12. Running chat servers or clients, including (but not limited to) IRC servers, IRC clients, Instant Messaging proxies, and web-based chat programs. (***This only applies to shared hosting and not dedicated servers***)

13. Running game servers or clients, including (but not limited to) web-based games, interactive shell games, and play-by-email games that require a process running on Company's server.

14. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

15. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

16. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

17. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

18. Accessing or attempting to access your account or other VolumeDrive services after you (or Company) has cancelled Customer's account.

19. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any VolumeDrive' customers or end-users by any means or device, including the use of (sudo) or other privileged operating system commands.

20. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the VolumeDrive' network or on another provider's network.

21. Using VolumeDrive Services to interfere with the use of the VolumeDrive network by other customers or authorized users. System and Network Resource UsageVolumeDrive' servers and networks are carefully maintained to provide optimum performance for certain types of usage; namely, serving content on the Internet. Customers are expected to operate their accounts in such a manner as to maintain system and network performance and stability. VolumeDrive' monitors its servers and networks carefully, and failure to comply with the following restrictions could result in the termination of service and fees assessed against your account:

1. Excessive Processor Utilization - (***This only applies to shared hosting and not dedicated servers***) Processes utilizing a significant percentage of a server's processor will, at VolumeDrive discretion, be terminated, (including but not limited to Lifetime* members). VolumeDrive will make every attempt to notify Customer of this process termination and the underlying reason. VolumeDrive utilizes several automated tools to discover and "re-nice" these processes, and in some instances the process may be terminated automatically without warning. It is Customer's responsibility to ensure their processes use a minimum of server resources.

2. Excessive Network Utilization While Customers are allocated a certain amount of bandwidth per month, VolumeDrive generally prefers not to cap Customers' bandwidth. To this end, Customers using an excessive amount of bandwidth in a short period of time will, at VolumeDrive discretion, will have their site and/or account otherwise rendered unusable until the Customer is able to rectify their usage. This will apply to all Customers, (Including but not limited to Lifetime Members.)*

3. Scheduled Processes (***This only applies to shared hosting and not dedicated servers***), including (but not limited to) "cron jobs" and "at jobs", can significantly drain server and network resources due to overuse. Customers are restricted from running any processor- or network-intensive scheduled process more than once per day. Processes which do not excessively use (at VolumeDrive discretion)* processor or network resources may be run more often, but no more than once every hour.

4. Process Monitoring(***This only applies to shared hosting and not dedicated servers***) Using any script or program that continually monitors running processes, internal or external sites or applications, or e-mail accounts that execute at an interval of less than one hour is strictly prohibited.

5. Long-running Processes(***This only applies to shared hosting and not dedicated servers***) VolumeDrive strictly prohibits the execution of long-running processes (more than 5 minutes of CPU time) unless specifically authorized in advance by VolumeDrive.*

6. Terminal/Shell Access As a service to Customers, to make managing their account easier, VolumeDrive makes available server access via SSH (i.e.: shell accounts). Customers are prohibited from using this method of account access to attempt to access other Customers' or VolumeDrive accounts or information. In addition, to prevent excessive resource consumption, Customers are restricted to the use of two terminals at once and must disconnect them when not in use ( VolumeDrive currently allows up to 35 minutes of "idle" time before automatic disconnection.) VolumeDrive may, at any time, remove access to this service to any customer for abuse, excessive utilization, any activity deemed harmful or adverse to VolumeDrive or its Customers, or to improve system and network security.

7. Spam/UCE Processing As a service to Customers, VolumeDrive makes available a centralized spam-processing cluster to reduce the amount of incoming spam or Unsolicited Commercial E-mail (UCE). Customers have access to tools that can further refine the spam/UCE processing VolumeDrive already does, but this refinement comes at the cost of increased resource utilization. Any spam/UCE processing that excessively utilizes server or network resources will be stopped.

8. Server Processes VolumeDrive allows some customers,( with authorization,)* to run certain server processes (that listen on specific network ports) on its servers . Customer is responsible for ensuring that these processes do not consume an inordinate amount of server or network resources. When permission is granted to run such processes, Customer is limited to only ONE such process. The privilege to run such processes may be revoked at any time.

9. Database Access(***This only applies to shared hosting and not dedicated servers***) Database resources, are closely monitored by VolumeDrive. Access to databases is restricted to within individual servers. Access is only allowed for testing purposes, (approved by VolumeDrive), and must not be used for general database access from outside of VolumeDrive' network.

10. Number of Allowed Databases(***This only applies to shared hosting and not dedicated servers***) Customers are restricted to using only the number of databases included within their hosting plan. Any databases found that exceed this number will be deleted by VolumeDrive and VolumeDrive is not responsible for data loss due to databases deleted for this reason.

11. Resolution of Problems All problems found by VolumeDrive that are within the Customer's control and that result in excessive server or network utilization are the responsibility of the Customer to fix. VolumeDrive may, from time to time, assist Customer in researching and repairing the problem; this is done as a courtesy and does not imply that VolumeDrive has taken responsibility for fixing this or any other problem(s). VolumeDrive may, at its discretion, remove access to the services impacted until the Customer resolves the problem.

12. Process Limits(***This only applies to shared hosting and not dedicated servers***) VolumeDrive currently limits Customers' processes to the following resource restrictions: CPU time: 20 minutes Resident memory:48 megabytes Virtual memory: 80 megabytes Open files: 240 Running processes: 20 VolumeDrive reserves the right to remove access to any service or feature that it feels is being abused, even if through negligence or ignorance, by the Customer. This applies to all "Lifetime Members" as well. Internet EtiquetteEach Customer is expected to execute reasonable Internet etiquette. The Customer will comply with the rules appropriate to any network to which VolumeDrive may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against VolumeDrive by offended users. VolumeDrive reserves the right to refuse or terminate service at any time for violation of this section. This includes Lifetime Members, advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group. Child PornographyVolumeDrive will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as, or appears as being under the age of eighteen years and is engaged in, appears as, or is depicted as engaged in explicit sexual activity, or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Email PolicyMass Mailings: VolumeDrive has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of VolumeDrive whether or not the message actually originated from our servers. Mailing Lists: VolumeDrive mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future. No deviations from this policy will be allowed. If your actions have caused VolumeDrive mail servers or VolumeDrive IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $350 per hour for administrative charges incurred to remove and protect mail servers and IP ranges. Violation of the above terms will result in one or all of the following: - (*** processor limits do not apply to dedicated accounts***) A warning via email. Removal of DNS for the advertised / originating site. Temporary shutdown of the server or a block on outgoing mail. IP address routing to null. Running processes: 20 Repeat violation of the above terms will result in the following actions: Immediate disconnection of service with no re-connection. $500 fee assessed to your account for each violation. This applies to all "Lifetime Members" as well. Copyright InfringementVolumeDrive services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Utilizing or distributing unauthorized copies of software constitutes a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. VolumeDrive will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on our servers. IP AllocationCustomers shall NOT use IP addresses that were not assigned to them by VolumeDrive. Any account utilizing IP addresses outside of those assigned to it will be suspended from network access until such time as the IP addresses overlap can be corrected. Use of an unauthorized IP address will result in a charge of $50 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $500 charge and termination of service until the IP allocation is resolved. Suspension and CancellationVolumeDrive reserves the right to suspend service to any Customer, (including Lifetime Members), located on our servers for violation of the AUP. VolumeDrive will notify the Customer and attempt to resolve the problem in a method resulting in the least amount of service interference as reasonably possible. However, VolumeDrive reserves the right to decide what is defined as "reasonable." For single or for continued and repeated violations of the AUP or, at VolumeDrive's discretion, to prevent a violation of the AUP, VolumeDrive reserves the right to:

1. Terminate service without notice for single or for continued and repeated violations of the AUP, (including Lifetime Members).*

2. Limit Customer access to services or implement service and resource usage restrictions.

3. Require the Customer to upgrade to a higher service plan, at VolumeDrive discretion. VolumeDrive shall be the sole determining party concerning which of the above actions shall be taken, and will reserve the right to reverse or revise ( its) decision at any time. Continued violations of the AUP resulting in cancellation of services will also result in a fee in the amount of US $500 and contract acceleration for all amounts outstanding under the contract term. This policy applies to "Lifetime Members" as well. VolumeDrive

Read updates by using the terms of service | acceptable use at the bottom of the page from the link below:

http://volumedrive.com/about/

--------------------------------------------------------------------------------

ServeByDesign TERMS OF SERVICE Terms of Service (TOS) [January, 2008]

THIS AGREEMENT BETWEEN ServeByDesign and you where "you" is referred to as ("Account Holders "Users", "Members", "Customers", or "Subscribers")

WHEREAS ServeByDesign agrees to furnish IT - internet based services associated with web sites, web hosting, and domain registration to the User.

Use of ServeByDesign Service constitutes acceptance and agreement to ServeByDesign's policies are subject to the terms above and as follows:

Content: At ServeByDesign, we strongly prohibit the use of any our service for any illegal activities.

Although we are a global web hosting service provider, all our subscribers must be in accordance with U.S. Federal, State and local laws. Ultimately you, the customer, are solely responsible for the content stored on your ServeByDesign account.

User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include but are not limited to:

1. Any copyright, patent, trademark, or other intellectual property right.

2. Child Pornography

3. Hate content

4. Threatening, racial, or otherwise abusive content.

5. Any and all content inciting, instructing, or promoting illegal activities.

6. Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent.

7. Hacking/Phreaking, warez, cracks, spam software or any material that contains a virus or any other harmful code.

8. IRC and related content

Payment: Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month's service.

Payments and Fees: Accounts that reach 7 days past due will be suspended. Accounts that are not collectable by ServeByDesign may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: Requests for canceling accounts may be made in writing or through the helpdesk system. ServeByDesign's preferred method of cancellation is via the helpdesk of your ServeByDesign account. Please log into the helpdesk and you can request to have your account cancelled.

Disclosure to Law Enforcement: At ServeByDesign, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ServeByDesign shall have the right to terminate all service set forth in this Agreement.

Support Boundaries: ServeByDesign, provides 24 x 7 x 365 technical support to our subscribers and our staff is limited to our area of expertise. All dedicated servers are unmanaged unless otherwise noted.

The following are our guidelines when providing support:

ServeByDesign does not offer tech support for application specific issues such as cgi programming, html or any other such issue. ServeByDesign does not provide technical support for YOUR customers. If you can email, we encourage you to email support@ServeByDesign.netThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it for assistance.

SPAM and Unsolicited Commercial Email (UCE): ServeByDesign takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ServeByDesign may not use or permit others to use our network to transact in UCE. Customers of ServeByDesign may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of ServeByDesign's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ServeByDesign will initiate an immediate investigation (within 48 hours of notification). During the investigation, ServeByDesign may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ServeByDesign may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ServeByDesign reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ServeByDesign will notify law enforcement officials if the violation is believed to be a criminal offense.

As our Customers are ultimately responsible for the actions of their clients over the ServeByDesign network, it is advisable that customers develop a similar, or stricter, policy for their clients.

Network

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). ServeByDesign will monitor Customer's bandwidth and disk usage. ServeByDesign shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges ($.35 Per GB Over), disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ServeByDesign's sole and absolute discretion. If ServeByDesign takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ServeByDesign may, at its sole discretion, collect a deposit, in an amount determined by ServeByDesign, against customer's credit card on file with ServeByDesign.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the ServeByDesign Network. Violations of system or network security may result in civil or criminal liability. ServeByDesign will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

ServeByDesign is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

ServeByDesign takes no responsibility for any material input by others and not posted to the ServeByDesign Network by ServeByDesign. ServeByDesign is not responsible for the content of any other web sites linked to the ServeByDesign Network; links are provided as Internet navigation tools only. ServeByDesign disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

ServeByDesign is not responsible for any damages your business may suffer. ServeByDesign does not make implied or written warranties for any of our services. ServeByDesign denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ServeByDesign.

It is absolutely forbidden to IRC servers on. Accounts found hosting this material will be subject to immediate cancellation without refund.

REFUNDS AND GUARANTEES Money back guarantee on all our web hosting plans and packages: To prove to you how confident we are in our services, we will offer you a 30 day money back guarantee on web hosting plans and packages. Domain name registration and transfers are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 30 days from the initial order date of your account we will refund you all your money (excluding any setup fees). Dedicated server refunds are pro-rated and no refunds are given on setup fees, one-time upgrade fees, and any software subscriptions or fees. Refunds may take up to two weeks to process.

Please note: ServeByDesign will not issue refunds to users who have their account terminated by ServeByDesign, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.

99.9% uptime guarantee: If for any reason (except for scheduled downtimes, network attacks (DDOS, etc.), hardware issues, and software issues) our network or servers are down for longer than 0.1% in any month, you can request a 20% discount for your following month's services.

Responsibility for Content: You, as ServeByDesign's customer, are solely responsible for the content stored on and served by your ServeByDesign server.

All provisions of this contract are subject to the TOS (Terms of Service) of ServeByDesign and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Read updates directly from the link below:

http://www.servebydesign.net/tos.php